Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Regulation of
Migration Agents) Bill 2017
No. , 2017
(Immigration and Border Protection)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Australian legal practitioners providing
immigration assistance
4
Migration Act 1958
4
Schedule 2--Registration periods
12
Part 1--Amendments
12
Migration Act 1958
12
Part 2--Application of amendments
14
Schedule 3--Redundant provisions
15
Migration Act 1958
15
Schedule 4--Requirement for applicants to provide further
information
18
Part 1--Amendments
18
Migration Act 1958
18
Part 2--Application of amendments
20
Schedule 5--Registration application charges
21
Part 1--Amendments
21
Migration Act 1958
21
Part 2--Application and transitional provisions
22
Schedule 6--Other amendments
23
Part 1--Amendments
23
Migration Act 1958
23
Part 2--Application of amendments
25
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Migration Amendment (Regulation of Migration
5
Agents) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 July 2018.
1 July 2018
3. Schedule 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 3
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
5. Schedule 4
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
6. Schedule 5
At the same time as Schedule 1 to the
Migration Agents Registration Application
Charge Amendment (Rates of Charge) Act
2017 commences.
However, the provisions do not commence
at all if that Schedule does not commence.
7. Schedule 6
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
3
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Australian legal practitioners providing immigration assistance
4
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Schedule 1--Australian legal practitioners
1
providing immigration assistance
2
3
Migration Act 1958
4
1 Section 275
5
Insert:
6
Australian legal practitioner means a lawyer who holds a
7
practising certificate (whether restricted or unrestricted) granted
8
under a law of a State or Territory.
9
Note:
For the meaning of lawyer, see subsection 5(1).
10
client has the meaning given by section 306C.
11
immigration assistance has the meaning given by section 276.
12
inactive migration agent has the meaning given by section 306B.
13
legal practice means the provision of legal services regulated by a
14
law of a State or Territory.
15
2 Section 275 (definition of registered migration agent)
16
Omit "section 286", substitute "Division 3".
17
3 Section 275
18
Insert:
19
related by employment has the meaning given by section 278.
20
4 Section 275 (paragraphs (a) and (b) of the definition of
21
review authority)
22
Omit "the the", substitute "the".
23
5 Section 277
24
Repeal the section.
25
Australian legal practitioners providing immigration assistance Schedule 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
5
6 Subsection 280(3)
1
Omit "a lawyer from giving immigration legal assistance", substitute
2
"an Australian legal practitioner from giving immigration assistance in
3
connection with legal practice".
4
7 Paragraphs 281(3)(a) and (b)
5
Repeal the paragraphs, substitute:
6
(a) an Australian legal practitioner from asking for or receiving a
7
fee or other reward for giving immigration assistance in
8
connection with legal practice; or
9
(b) a person from asking for or receiving a fee or other reward
10
for the giving of immigration assistance by an Australian
11
legal practitioner in connection with legal practice.
12
8 Subsections 282(1) and (2)
13
Omit "A person", substitute "Subject to subsection (2A), a person".
14
9 After subsection 282(2)
15
Insert:
16
(2A) This section does not prohibit:
17
(a) an Australian legal practitioner from asking for or receiving a
18
fee or other reward for making immigration representations
19
in connection with legal practice; or
20
(b) a person from asking for or receiving a fee or other reward
21
for the making of immigration representations by an
22
Australian legal practitioner in connection with legal
23
practice.
24
10 Subsection 284(3)
25
Omit "a lawyer from advertising that he or she gives immigration legal
26
assistance", substitute "an Australian legal practitioner from advertising
27
that he or she gives immigration assistance in connection with legal
28
practice".
29
11 Subsection 285(3)
30
Omit "a lawyer gives immigration legal assistance", substitute "an
31
Australian legal practitioner gives immigration assistance in connection
32
with legal practice".
33
Schedule 1 Australian legal practitioners providing immigration assistance
6
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
12 Section 286
1
Repeal the section.
2
13 After section 289A
3
Insert:
4
289B Applicant must not be registered if he or she is an Australian
5
legal practitioner
6
An applicant must not be registered if he or she is an Australian
7
legal practitioner.
8
Note:
A registered migration agent must notify the Migration Agents
9
Registration Authority within 14 days after becoming an Australian
10
legal practitioner (see section 312). The Authority must cancel a
11
registered migration agent's registration if the agent becomes an
12
Australian legal practitioner (see section 302A).
13
14 Section 299
14
Repeal the section, substitute:
15
299 Period of registration
16
(1) The registration of a registered migration agent ends at the start of
17
the day that is 12 months after the day the registration commences.
18
(2) If the registration is suspended for a period, the period of the
19
registration is extended by a period equal to the period of
20
suspension.
21
(3) Subsections (1) and (2) do not apply if the registration ends earlier
22
because of another provision of this Part.
23
15 After section 302
24
Insert:
25
302A Cancellation if registered migration agent becomes an
26
Australian legal practitioner
27
(1) The Migration Agents Registration Authority must cancel the
28
registration of a registered migration agent, by removing his or her
29
Australian legal practitioners providing immigration assistance Schedule 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
7
name from the Register, if the Authority is satisfied that the agent
1
is an Australian legal practitioner.
2
Note:
A registered migration agent must, within 14 days after becoming an
3
Australian legal practitioner, notify the Migration Agents Registration
4
Authority (see section 312).
5
(2) The Authority must give a registered migration agent written
6
notice of a decision to cancel the agent's registration under
7
subsection (1).
8
(3) The notice must set out the reason for the decision.
9
(4) The decision takes effect at the time the agent is given written
10
notice of it.
11
Note:
Section 332H sets out when the agent is taken to have been given the
12
notice.
13
16 Subsection 305B(1)
14
Omit "(1)".
15
17 Subsection 305B(3)
16
Repeal the subsection.
17
18 Subsection 306AM(1)
18
Omit "(1)".
19
19 Subsection 306AM(3)
20
Repeal the subsection.
21
20 After paragraph 306B(b)
22
Insert:
23
(ba) if a person ceases to be a registered migration agent because
24
the Migration Agents Registration Authority cancels the
25
person's registration under section 302A, or because the
26
person's registration ends under section 333B:
27
(i) the person becomes an inactive migration agent at the
28
time of the cessation of the registration; and
29
(ii) the person remains an inactive migration agent until the
30
end of the period of 2 years after the cessation, or until
31
Schedule 1 Australian legal practitioners providing immigration assistance
8
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
the person again becomes a registered migration agent,
1
whichever happens first; and
2
Note:
Section 302A provides for cancellation of a person's registration if he
3
or she becomes an Australian legal practitioner. Section 333B
4
provides that the registration of all Australian legal practitioners ends
5
on 1 July 2018 (the date of the commencement of Schedule 1 to the
6
Migration Amendment (Regulation of Migration Agents) Act 2017).
7
21 Section 306C
8
Repeal the section, substitute:
9
306C Definition of client
10
(1) A client of a registered migration agent is a person to whom the
11
agent has given, or has agreed to give (whether or not in writing),
12
immigration assistance.
13
(2) In addition:
14
(a) if a registered migration agent becomes an inactive migration
15
agent, a client of the registered migration agent (while the
16
agent was registered) remains a client of the inactive
17
migration agent; and
18
(b) a person remains a client of a registered migration agent, or
19
an inactive migration agent, even if the agent is deceased.
20
22 After paragraph 312(1)(h)
21
Insert:
22
; (i) he or she becomes an Australian legal practitioner.
23
23 Subsection 313(4)
24
Repeal the subsection.
25
24 Paragraph 316(1)(b)
26
Omit "and of lawyers in their provision of immigration legal
27
assistance".
28
25 Paragraph 316(1)(e)
29
Repeal the paragraph.
30
Australian legal practitioners providing immigration assistance Schedule 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
9
26 Section 319 (heading)
1
Repeal the heading, substitute:
2
319 Referral of conduct of former registered migration agents to
3
legal disciplinary authorities
4
27 Subsections 319(1) and (2)
5
Repeal the subsections, substitute:
6
(1) The Migration Agents Registration Authority may refer a
7
complaint about the conduct of a former registered migration agent
8
to an authority responsible for disciplining Australian legal
9
practitioners in a State or Territory if:
10
(a) the former agent is an Australian legal practitioner who was
11
granted his or her practising certificate under the law of that
12
State or Territory; and
13
(b) the conduct of the former agent occurred while he or she was
14
a registered migration agent, whether or not the conduct
15
occurred in connection with legal practice.
16
28 Subsection 319(3) (heading)
17
Repeal the heading.
18
29 Subsections 321A(4) and 332F(4)
19
Repeal the subsections.
20
30 At the end of Part 3
21
Add:
22
Division 8--Transitional arrangements for Australian legal
23
practitioners
24
333 Definitions
25
In this Division:
26
amending Act means the Migration Amendment (Regulation of
27
Migration Agents) Act 2017.
28
Schedule 1 Australian legal practitioners providing immigration assistance
10
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Note:
The relevant amendments commenced on 1 July 2018 (see table
1
item 1 of section 2 of the amending Act).
2
333A Restrictions on giving immigration assistance and making
3
immigration representations
4
(1) Despite the amendments of Division 2 made by Schedule 1 to the
5
amending Act, that Division as in force immediately before 1 July
6
2018 continues to apply in relation to any conduct of a person
7
occurring before that day.
8
(2) Subsection (1) also applies in relation to any conduct of a person
9
occurring on or after 1 July 2018 if the conduct is a part or
10
continuation of, or is connected to, conduct of the person occurring
11
before that day.
12
333B Registered migration agents who were Australian legal
13
practitioners immediately before 1 July 2018
14
Scope
15
(1) This section applies in relation to a person who, immediately
16
before 1 July 2018, was both:
17
(a) a registered migration agent (even if, at that time, the
18
person's registration was under suspension, or had been taken
19
to continue under subsection 300(4)); and
20
(b) an Australian legal practitioner.
21
End of registration
22
(2) The person's registration as a migration agent ends at the start of
23
1 July 2018, by force of this section.
24
Notification requirement
25
(3) Section 312 (notification obligations) does not apply to the person
26
in relation to an event mentioned in subsection 312(1) that occurs
27
on or after 17 June 2018.
28
Australian legal practitioners providing immigration assistance Schedule 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
11
333C Registration applications made before 1 July 2018
1
Scope
2
(1) This section applies in relation to a person if, immediately before
3
1 July 2018:
4
(a) the person had made a registration application (whether or
5
not the person had previously been registered as a migration
6
agent); and
7
(b) the Migration Agents Registration Authority had not made a
8
decision in relation to the application.
9
Application of amendments to registration applications
10
(2) The amendments of Division 3 (registration of migration agents)
11
made by Schedule 1 to the amending Act apply in relation to the
12
registration application as if it had been made on or after 1 July
13
2018.
14
Note:
On and after 1 July 2018, an Australian legal practitioner cannot be
15
registered as a migration agent (see section 289B, inserted by the
16
amending Act).
17
(3) If the person was an Australian legal practitioner immediately
18
before 1 July 2018, section 300 (automatic continuation of
19
registration) does not apply on and after 1 July 2018 in relation to
20
the registration application.
21
Note:
If the registration had been taken to continue under subsection 300(4)
22
before 1 July 2018, the registration ends at the start of that day (see
23
section 333B).
24
(4) Despite section 291 (applicant must not be registered if registration
25
refused in past year), if the person's registration application is
26
refused because of section 289B (inserted by Schedule 1 to the
27
amending Act), the refusal of the application does not prevent the
28
person from being registered as a migration agent in accordance
29
with a later registration application made at any time on or after
30
1 July 2018.
31
Schedule 2 Registration periods
Part 1 Amendments
12
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Schedule 2--Registration periods
1
Part 1--Amendments
2
Migration Act 1958
3
1 Subsection 288(2)
4
Omit "(unless he or she has been registered at some time in the 12
5
months immediately before making the application)", substitute ",
6
unless he or she has been registered at some time within the period,
7
immediately before making the application, that is prescribed for the
8
purposes of this subsection".
9
2 Section 289A
10
Repeal the section, substitute:
11
289A Applicant must not be registered if he or she does not satisfy
12
academic and vocational requirements
13
(1) This section applies to an applicant:
14
(a) who has never been registered; or
15
(b) whose registration application is made after the end of a
16
period, prescribed for the purposes of this paragraph,
17
immediately after the end of his or her most recent period of
18
registration.
19
(2) The applicant must not be registered unless the Migration Agents
20
Registration Authority is satisfied that the applicant:
21
(a) has:
22
(i) completed a course prescribed for the purposes of this
23
subparagraph; and
24
(ii) passed an examination, prescribed for the purposes of
25
this subparagraph, within a prescribed period before the
26
date of the registration application; or
27
(b) holds the qualifications prescribed for the purposes of this
28
paragraph.
29
3 Section 290A
30
Repeal the section, substitute:
31
Registration periods Schedule 2
Amendments Part 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
13
290A Applicant must not be registered if he or she does not satisfy
1
continuing professional development requirements
2
(1) This section applies in relation to an applicant who has been
3
registered at some time within the period, immediately before
4
making the registration application, that is prescribed for the
5
purposes of this subsection.
6
(2) The applicant must not be registered if the Migration Agents
7
Registration Authority is satisfied that the applicant has not met,
8
within the period prescribed for the purposes of this subsection, the
9
prescribed requirements for continuing professional development
10
of registered migration agents.
11
Schedule 2 Registration periods
Part 2 Application of amendments
14
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Part 2--Application of amendments
1
4 Application of amendments made by Part 1
2
The amendments of the Migration Act 1958 made by Part 1 of this
3
Schedule apply in relation to a registration application made on or after
4
1 January 2018.
5
Redundant provisions Schedule 3
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
15
Schedule 3--Redundant provisions
1
2
Migration Act 1958
3
1 Section 275 (definitions of high visa refusal rate and
4
Institute)
5
Repeal the definitions.
6
2 Section 275 (definition of Migration Agents Registration
7
Authority)
8
Repeal the definition, substitute:
9
Migration Agents Registration Authority means the body
10
mentioned in section 315.
11
Note:
If a power or function is expressed to be given to the Migration
12
Agents Registration Authority, it may only be exercised by the
13
Minister, or by a delegate of the Minister under section 320 (see
14
subsection 315(2)).
15
3 Subsection 279(1)
16
Omit "(1)".
17
4 Subsection 279(2)
18
Repeal the subsection.
19
5 Section 292
20
Omit ", 306AG or 306AGAC".
21
6 Paragraph 292A(a)
22
Omit "or 311L(1)".
23
7 Subsection 299(1)
24
Omit "sections 300, 302, 303, 306AG and 306AGAC and
25
subsection (3)", substitute "subsection (3) of this section and
26
sections 300, 302 and 303".
27
8 Subsection 303(1) (note 1)
28
Repeal the note.
29
Schedule 3 Redundant provisions
16
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
9 Subsection 303(1) (note 2)
1
Omit "Note 2", substitute "Note".
2
10 Division 3AA of Part 3
3
Repeal the Division.
4
11 Paragraphs 306B(c) and (d)
5
Omit ", 306AG or 306AGAC".
6
12 Subdivision A of Division 4A of Part 3 (heading)
7
Repeal the heading.
8
13 Subdivision B of Division 4A of Part 3
9
Repeal the Subdivision.
10
14 Section 315
11
Repeal the section, substitute:
12
315 Migration Agents Registration Authority--nature, powers and
13
functions
14
(1) The Migration Agents Registration Authority is the body
15
established within the Department to administer this Part.
16
(2) A power or function expressed under this Part to be given to the
17
Migration Agents Registration Authority may only be exercised or
18
performed by the Minister, or by a delegate of the Minister under
19
section 320.
20
15 Subsection 316(2)
21
Repeal the subsection.
22
16 Section 319A
23
Repeal the section.
24
17 Subsection 320(1)
25
Repeal the subsection, substitute:
26
Redundant provisions Schedule 3
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
17
(1) The Minister may delegate any of the powers or functions given to
1
the Migration Agents Registration Authority under this Part to an
2
APS employee in the Department.
3
Note:
See section 315 (Migration Agents Registration Authority--nature,
4
powers and functions).
5
18 Section 321
6
Repeal the section.
7
19 Sections 322 and 332B
8
Repeal the sections.
9
20 Subsection 332D(1)
10
Omit "or 311P".
11
21 Subsection 322E(3)
12
Omit "The Institute, or an officer or employee of the Institute,",
13
substitute "The Migration Institute of Australia Limited (ACN
14
003 409 390), or an officer or employee of that Institute,".
15
22 At the end of subsection 322E(3)
16
Add:
17
Note:
The Institute was appointed as the Migration Agents Registration
18
Authority by instrument dated 21 March 1998, under section 315 as
19
then in force. That instrument was revoked on 30 June 2009.
20
Schedule 4 Requirement for applicants to provide further information
Part 1 Amendments
18
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Schedule 4--Requirement for applicants to
1
provide further information
2
Part 1--Amendments
3
Migration Act 1958
4
1 Section 288B
5
Repeal the section, substitute:
6
288B Requirement to answer questions or provide information
7
(1) This section applies in relation to an applicant who, on the day his
8
or her registration application is taken to have been made, is not a
9
registered migration agent.
10
(2) The Migration Agents Registration Authority may, by written
11
notice, require the applicant to answer questions or provide
12
information stated in the notice by doing either of the following in
13
relation to information or documents provided (or not provided)
14
with the application:
15
(a) making a statutory declaration, and providing this to the
16
Authority with any other documents required by the notice;
17
(b) appearing before the Authority, and producing any
18
documents required by the notice.
19
(3) The applicant must not be registered if he or she fails to comply
20
with the requirements stated in the notice.
21
(4) The Authority may consider refusing the application if the
22
applicant fails to comply with the requirements in the notice:
23
(a) within the period prescribed for the purposes of this section
24
and stated in the notice; or
25
(b) at the request of the applicant made within that period--
26
within an extended period approved by the Authority by
27
written notice given to the applicant.
28
(5) The notice must include a statement explaining the effect of
29
subsections (3) and (4), and of sections 309 and 310.
30
Requirement for applicants to provide further information Schedule 4
Amendments Part 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
19
Note:
If the Authority is considering refusing the application because the
1
applicant has failed to comply with the requirements in the notice
2
within the period described in subsection (4), the Authority must
3
invite the applicant to make a further submission in support of his or
4
her application, and consider any such submission (see sections 309
5
and 310).
6
Schedule 4 Requirement for applicants to provide further information
Part 2 Application of amendments
20
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Part 2--Application of amendments
1
2 Application of amendments made by Part 1
2
The amendments of the Migration Act 1958 made by Part 1 of this
3
Schedule apply in relation to a notice given to an applicant under
4
subsection 288B(2) of that Act on or after the commencement of this
5
Schedule.
6
Registration application charges Schedule 5
Amendments Part 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
21
Schedule 5--Registration application charges
1
Part 1--Amendments
2
Migration Act 1958
3
1 Paragraph 312(1)(ea)
4
Repeal the paragraph, substitute:
5
(ea) if he or she paid the amount of charge payable under
6
regulation 5 of the Migration Agents Registration Application
7
Charge Regulations 1998 in relation to his or her current
8
period of registration--the first day in that period that he or
9
she gives immigration assistance otherwise than on a
10
non-commercial basis in that period;
11
2 Subsection 312(3)
12
Repeal the subsection, substitute:
13
(3) The first day in the period mentioned in paragraph (1)(ea) is the
14
first day of the remaining period of the agent's current period of
15
registration within the meaning of subsection 12(1) of the
16
Migration Agents Registration Application Charge Act 1997.
17
Schedule 5 Registration application charges
Part 2 Application and transitional provisions
22
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
Part 2--Application and transitional provisions
1
3 Application of amendments made by Part 1
2
The amendments of the Migration Act 1958 made by Part 1 of this
3
Schedule apply in relation to an event occurring on or after the
4
commencement of this Schedule.
5
4 Transitional notification obligation
6
(1)
A registered migration agent must notify the Migration Agents
7
Registration Authority in writing within 14 days after the day this
8
Schedule commences (the commencement day) if, before the
9
commencement day:
10
(a) the agent had paid the amount of charge, imposed under
11
Part 2 of the Migration Agents Registration Application
12
Charge Act 1997, that was payable under regulation 5 of the
13
Migration Agents Registration Application Charge
14
Regulations 1998 in relation to his or her current period of
15
registration; and
16
(b) the first day in that period had occurred on which he or she
17
had given immigration assistance otherwise than on a
18
non-commercial basis.
19
Penalty: 100 penalty units.
20
(2)
An offence against subitem (1) is an offence of strict liability.
21
Note:
For strict liability, see section 6.1 of the Criminal Code.
22
(3)
The first day of the period mentioned in paragraph (1)(b) is the first day
23
of the remaining period of the agent's current period of registration
24
within the meaning of subsection 12(1) of the Migration Agents
25
Registration Application Charge Act 1997 (as in force on the
26
commencement day).
27
(4)
This item does not apply in relation to a registered migration agent if
28
the agent became liable to pay a charge imposed under Part 3 of
29
Migration Agents Registration Application Charge Act 1997, in relation
30
to the agent's current period of registration, before the commencement
31
of this Schedule.
32
Other amendments Schedule 6
Amendments Part 1
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
23
Schedule 6--Other amendments
1
Part 1--Amendments
2
Migration Act 1958
3
1 After subsection 276(2A)
4
Insert:
5
(2B) For the purposes of this Part, a person also gives immigration
6
assistance if the person uses, or purports to use, knowledge of, or
7
experience in, migration procedure to assist another person by:
8
(a) preparing, or helping to prepare, a representation to the
9
Minister to exercise his or her power:
10
(i) under subsection 501C(4) to revoke a decision to refuse
11
to grant, or to cancel, a visa (whether or not the decision
12
relates to the other person); or
13
(ii) under subsection 501CA(4) to revoke a decision to
14
cancel a visa (whether or not the decision relates to the
15
other person); or
16
(b) advising the other person about making a representation
17
mentioned in paragraph (a).
18
Note:
Sections 501C and 501CA relate to decisions to refuse or cancel visas
19
on character grounds.
20
2 Subsection 276(3)
21
Omit "and (2A)", substitute ", (2A) and (2B)".
22
3 At the end of subsection 282(4)
23
Add:
24
; or (g) on behalf of a person who has made (or is proposing to
25
make) a representation to the Minister to exercise a power
26
under subsection 501C(4) to refuse to grant, or to cancel, a
27
visa (whether or not the decision relates to that person); or
28
(h) on behalf of a person who has made (or is proposing to
29
make) a representation to the Minister to exercise a power
30
under subsection 501CA(4) to cancel a visa (whether or not
31
the decision relates to that person).
32
Schedule 6 Other amendments
Part 1 Amendments
24
Migration Amendment (Regulation of Migration Agents) Bill 2017
No. , 2017
4 Subsection 289(4)
1
Repeal the subsection.
2
Other amendments Schedule 6
Application of amendments Part 2
No. , 2017
Migration Amendment (Regulation of Migration Agents) Bill 2017
25
Part 2--Application of amendments
1
5 Application of amendments made by Part 1
2
(1)
The amendments of sections 276 of the Migration Act 1958 made by
3
Part 1 of this Schedule apply in relation to immigration assistance
4
(within the meaning of Part 3 of that Act as amended) if that assistance
5
is given on or after the commencement of this Schedule.
6
(2)
The amendment of section 282 of the Migration Act 1958 made by
7
Part 1 of this Schedule applies in relation to making immigration
8
representations (within the meaning of that section of that Act as
9
amended) if those representations are made on or after the
10
commencement of this Schedule.
11